BILL NUMBER: AB 539	CHAPTERED  10/10/99

	CHAPTER   595
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 5, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 8, 1999
	PASSED THE SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   SEPTEMBER 2, 1999
	AMENDED IN ASSEMBLY   MAY 25, 1999

INTRODUCED BY   Assembly Member Papan
   (Coauthor:  Assembly Member Lempert)

                        FEBRUARY 18, 1999

   An act to amend Section 3212.1 of the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 539, Papan.  Workers' compensation:  cancer:  firefighters and
peace officers.
   Existing workers' compensation law provides that in the case of
active firefighting members of certain state and local fire
departments and in the case of certain peace officers, a compensable
injury includes cancer that develops or manifests itself during the
period while the firefighter or peace officer demonstrates that he or
she was exposed, while in the service of the public agency, to a
known carcinogen, as defined, and that the carcinogen is reasonably
linked to the disabling cancer.  Existing law establishes a
presumption that the cancer in these cases is presumed to arise out
of and in the course of employment, unless controverted by other
evidence.
   This bill would delete the requirement for the affected
firefighter or peace officer to demonstrate that the carcinogen is
reasonably linked to the disabling cancer.  The bill instead would
provide that the presumption may only be controverted by evidence
that the primary site of the cancer has been established and that the
carcinogen to which the member has demonstrated exposure is not
reasonably linked to the disabling cancer.  This bill would also
define cancer to include leukemia for these purposes.  These changes
would apply to claims for benefits filed or pending on or after
January 1, 1997.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 3212.1 of the Labor Code is amended to read:
   3212.1.  (a) This section applies to active firefighting members,
whether volunteers, partly paid, or fully paid, of all of the
following fire departments:  (1) a fire department of a city, county,
city and county, district, or other public or municipal corporation
or political subdivision, (2) a fire department of the University of
California and the California State University, (3) the Department of
Forestry and Fire Protection, and (4) a county forestry or
firefighting department or unit.  This section also applies to peace
officers, as defined in Section 830.1 and subdivision (a) of Section
830.2 of the Penal Code, who are primarily engaged in active law
enforcement activities.
   (b) The term "injury," as used in this division, includes cancer,
including leukemia, that develops or manifests itself during a period
in which any member described in subdivision (a) is in the service
of the department or unit, if the member demonstrates that he or she
was exposed, while in the service of the department or unit, to a
known carcinogen as defined by the International Agency for Research
on Cancer, or as defined by the director.
   (c) The compensation that is awarded for cancer shall include full
hospital, surgical, medical treatment, disability indemnity, and
death benefits, as provided by this division.
   (d) The cancer so developing or manifesting itself in these cases
shall be presumed to arise out of and in the course of the
employment.  This presumption is disputable and may be controverted
by evidence that the primary site of the cancer has been established
and that the carcinogen to which the member has demonstrated exposure
is not reasonably linked to the disabling cancer.  Unless so
controverted, the appeals board is bound to find in accordance with
the presumption.  This presumption shall be extended to a member
following termination of service for a period of three calendar
months for each full year of the requisite service, but not to exceed
60 months in any circumstance, commencing with the last date
actually worked in the specified capacity.
   (e) The amendments to this section enacted during the 1999-2000
Regular Session shall be applied to claims for benefits filed or
pending on or after January 1, 1997, including, but not limited to,
claims for benefits filed on or after that date that have previously
been denied, or that are being appealed following denial.
